Fogelnest was reacting to news that Congress is poised to pass the so-called 'antiterrorism' bill that includes unrelated provisions drastically reducing the rights of all Americans to seek federal court review of unconstitutional state criminal convictions.
"It is unbelievable to me that a responsible Senate leader would perpetuate the notion that gutting habeas corpus is somehow necessary in order to achieve justice for those victims and their families," Fogelnest said. "And it is terribly disingenuous to announce that gutting habeas corpus 'is the heart and soul of this bill.' Habeas has nothing whatsoever to do with preventing terrorism and was only attached to this bill through a cynical political ploy," he added.
"Americans have been misled into believing that habeas applies only to death penalty cases. In fact, it applies to anyone convicted in a state court -- antiabortion protestors, tax protestors, business people convicted of white collar violations . . . everyone. Less than one percent of habeas petitions are filed by death row inmates," he explained.
The bill will affect death penalty cases, Fogelnest noted. "Innocent people will die as a result of this law," he said, "and their number will be added to the list of innocent victims of the Oklahoma City bombing."
"Depriving Americans of their 200-year old right to habeas corpus is a fitting memorial only to the tragic triumph of politics over substance as our Republic enters its third century," he concluded.
National Association of Criminal Defense Lawyers (NACDL)